FOR BUILDING CONSTRUCTION
ADOPTED PURSUANT TO
SECTION 553.503, FLORIDA STATUTES
BASED ON
First Printing: February 2012
ISBN: 978-1-60983-190-5
The 1993 Florida Legislature enacted the “Florida Americans with Disability Accessibility Implementa-tion Act” which incorporated the architectural accessibility requirements of the Americans with Disabil-ities Act of 1990, Public Law No. 101-336, 42 U.S.C. Section 12101 et. seq. ADA, into Florida law and maintained existing provisions of Florida law thought to be more stringent than the ADA accessibility guidelines. In 1997 the legislature amended the Act to address U.S. Department of Justice (DOJ) con-cerns with Florida requirements, which might not have been equivalent or more stringent than ADA ar-chitectural standards, to obtain federal certification of Florida’s building code as substantially equivalent to the Federal ADA Standards for Accessible Design as adopted by the Department of Jus-tice (DOJ) in 28 CFR 36. The United States Access Board adopted revised ADA Accessibility Guide-lines in 2004. DOJ published final regulations September 15, 2010 adopting the 2004 GuideGuide-lines with additions pursuant to 28 CFR 35 and 28 CFR 36 as the 2010 ADA Standards for Accessible Design. The Florida Building Commission updated the Florida Accessibility Code for Building Construction for consistency with the 2010 ADA Standards and Florida law, Part II, Chapter 553, Florida Statutes, in the summer of 2011. The intent as established by s.553.502, Florida Statutes, is to maintain the US De-partment of Justice certification of the Code as substantially equivalent to the ADA Standards so com-pliance with the Code provides presumption of comcom-pliance with the ADA Standards. The 1997 Florida Accessibility Code for Building Construction was certified by DOJ, however, the 2012 Florida Accessi-bility Code for Building Construction must also be reviewed and certified by DOJ. Until the review is completed and DOJ notifies the State the 2012 Code is certified all parties should maintain due dili-gence to ensure compliance with both the 2010 ADA Standards for Accessible Design and the 2012 Florida Accessibility Code. Note: Code certification provides presumption of rebuttable evidence of compliance with the ADA for private entities (Title III entities) but not public entities (Title II entities). Accessibility is a multifaceted issue within the issues of life today. The legislative actions of the 101st Congress which implemented the Americans with Disabilities Act of 1990 and previous acts of the Florida Legislature have been combined in the following pages to reflect accessibility laws as they re-late to most areas of construction in Florida. Areas of employment as rere-lated to accessibility and/or complaints would be the responsibility of the Equal Employment Opportunity Commission, 1-800-669-4000 or 305-536-4491.
Primarily because of the complexities of balancing the rights of the physically disabled and the techni-cally specific requirements of the built environment, no single agency has been charged with enforce-ment of all issues pertaining to accessibility. The following is a listing of agencies and their statutory areas of responsibility for accessibility. A thorough attempt was made by the Florida Building Commis-sion at the time of publication of this code to ensure that this manual is a reflection of the laws of Florida and the administrative rules of each agency as these requirements relate to construction. Because in-dividual agency rules may change, it is the responsibility of the design professional and the property owner to ensure compliance with subsequent revisions.
Opportunity Hot Line Washington, D.C. Voice: 202-708-1112 TTY: 202-708-1455 www.hud.gov Atlanta, GA Voice: 1-404-331-5136 Forms and Publications 1-800-767-7468 Florida Offices Jacksonville Voice: 1-904-232-2627 FAX: 1-904-232-3759 Miami Voice: 1-305-536-5678 FAX: 1-305-536-5765 TTY: 1-305-536-4734 Orlando Voice: 1-407-648-6441 FAX: 1-407-648-6310 Tampa Voice: 1-813-228-2026 FAX: 1-813-228-2431 TTY: 1-813-228-2115
2. Florida Commission on Human Relations Voice: 1-850-488-7082
Voice Message Service: 1-800-342-8170 TDD ASCII 1-800-955-1339
TDD Baudot 1-800-955-8771
Voice Relay Service: 1-800-955-8770 fchr.state.fl.us
3. Public Telephone Installation and Placement:
Florida Public Service Commission Voice: 1-800-342-3552
Fax: 1-850-511-0809 TDD: 1-800-955-8771 www.floridapsc.com
4. Government Parking Facilities: Florida Department of Transportation Traffic Operations Office
Voice: 1-866-374-3368, ext. 5253 FAX: 1-850-414-5251
TDD: 1-850-921-0762
Department of Highway Safety and Motor Vehicles
Contact your local Tax Collector's Office. Contact numbers listed by county at: www.hsmv.state.fl.us/offices/
6. Elevator Accessibility:
Department of Business Regulation Bureau of Elevator Inspection
Automated Call System: 1-850-487-1395, select Hotels & Restaurants, then Elevators www.myfloridalicense.com/dbpr/hr/
elevators.html
7. Florida Government Facilities: Department of Management Services Division of Real Estate Development and Management
Voice: 1-850-488-2074
www.dms.myflorida.com/business_operations/ real_estate_development_management 8. Hospital and Health Care Facilities:
Agency for Health Care Administration Office of Plans and Construction Voice: 1-850-412-4477
www.AHCA.myflorida.com/MCHQ/plans/ 9. Public Schools and State Universities:
Florida Department of Education Office of Educational Facilities www.fldoe.org/edfacil/ Voice: 1-850-245-0494 Fax: 1-850-245-9236 www.firn.edu/doe/edfacil/ 10. State Prisons: Department of Corrections Facilities Services Voice: 1-850-487-1330 www.dc.state.fl.us/facilities
11. ADA Questions and Complaints: United States Department of Justice Voice: 1-800-514-0301 (select option 7 for technical assistance)
TTY/TDD: 1-800-514-0383 www.usdoj.gov/disabilities.htm
Florida Building Commission Voice: See Commission Website FAX: See Commission Website www.FloridaBuilding.org 13. Historic Preservation:
Office of Cultural and Historical Resources Division of Historical Resources
Florida Department of State Voice: 1-850-245-6372 FAX: 1-850-245-6437
Section 553.80 to enforce the provisions of this part. This act expressly preempts the establish-ment of handicapped accessibility standards to the state and supersedes any county or municipal ordinance on the subject. However, nothing in this section shall prohibit municipalities and counties from enforcing the provisions of this act.
History.—s. 6, ch. 89-97; s. 2, ch. 93-183. Note.—Former s. 553.495.
Department of Business and Professional Regulation
553.75(3)The department shall be responsible for the provision of administrative and staff-support services relating to the functions of the commis-sion. With respect to matters within the jurisdiction of the commission, the department shall be re-sponsible for the implementation and faithful dis-charge of all decisions of the commission made pursuant to its authority under the provisions of this part. The department is authorized to use communications media technology in conducting meetings of the commission or any meetings held in conjunction with meetings of the commission. Florida Building Commission
553.506 Powers of the commission.In addition to any other authority vested in the Florida Build-ing Commission by law, the commission, in imple-menting this part, may, by rule, adopt revised and updated versions of the Americans with Disabili-ties Act Standards for Accessible Design in accor-dance with Chapter 120.
553.512 Modifications and waivers; advisory council. The Florida Building Commission shall provide by regulation criteria for granting individ-ual modifications of, or exceptions from, the literal requirements of this part upon a determination of unnecessary, unreasonable, or extreme hardship, provided such waivers shall not violate federal ac-cessibility laws and regulations and shall be re-viewed by the Accessibility Advisory Council (see Section 553.512, Florida Statutes).
(1) Notwithstanding any other provision of this subsection if an applicant for a waiver demon-strates economic hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver shall be granted. The commission may not consider waiving any of
all local government zoning, subdivision regula-tions, or other ordinances that prevent compliance therewith. Further, the commission may not waive the requirement of Section 553.5041(5)(a) and (c)1 governing the minimum width of accessible routes and minimum width of accessible parking spaces.
(2) The Accessibility Advisory Council shall con-sist of the following seven members, who shall be knowledgeable in the area of accessibility for per-sons with disabilities. The secretary of community affairs shall appoint the following: a representative from the Advocacy Center for Persons with Dis-abilities, Inc.; a representative from the Division of Blind Services; a representative from the Division of Vocational Rehabilitation; a representative from a statewide organization representing the physi-cally handicapped; a representative from the hearing impaired; a representative from the presi-dent, Florida Council of Handicapped Organiza-tions; and a representative of the Paralyzed Veterans of America. The terms for the first three council members appointed subsequent to Octo-ber 1, 1991, shall be four years; the terms for the next two council members appointed shall be for three years; and the terms for the next two mem-bers shall be for two years. Thereafter, all council member appointments shall be for terms of four years. No council member shall serve more than two four-year terms subsequent to October 1, 1991. Any member of the council may be replaced by the secretary upon three unexcused absences. Upon application made in the form provided, an in-dividual waiver or modification may be granted by the commission so long as such modification or waiver is not in conflict with more stringent standards provided in another chapter.
(3) Members of the council shall serve without compensation, but shall be entitled to reimburse-ment for per diem and travel expenses as provided by Section 112.061.
(4) Meetings of the advisory council shall be held in conjunction with the regular meetings of the commission. History.—s. 3, ch. 78-333; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 25, ch. 86-220; s. 5, ch. 89-97; ss. 1, 5, 6, ch. 91-172; s. 5, ch. 91-429; s. 2, ch. 93-183; s. 10, ch. 97-76; s. 68, ch. 2000-141; s. 61, ch. 2000-154; s. 13, ch. 2002-293.
struction is established by Florida law, Part II, Chapter 553, Florida Statutes, (sections 553.501 -553.513, Florida Statutes). The law was amended in 2011 and its resulting requirements are inte-grated into this code. The revisions are estab-lished by chapter 2011-222, Laws of Florida. Laws of Florida and Florida Statutes can be accessed through the Florida Department of State, Division of Library & Information Sciences web site http://dlis.dos.state.fl.us/fgils/government.html. Waivers
The Florida Building Commission may waive Florida specific requirements of this code. It does not waive requirements of this code to standards below the federal ADA standards on which it is based. Applications for waiver and the criteria for their review are established by Rule Chapter 9N-4, Florida Administrative Code. Current ver-sions of the Rule can be accessed through the F l o r i d a D e p a r t m e n t o f S t a t e w e b s i t e http://dlis.dos.state.fl.us/fgils/government.html. Applications can be found on the Florida Building Commission web site www.FloridaBuilding.org. General Notes
If an official either waives an accessible element or feature or allows a change that does not provide equivalent facilitation, the fact that the Depart-ment of Justice has certified the code itself will not constitute rebuttable evidence the facility has been constructed or altered in accordance with the minimum accessibility requirements of the ADA.
Background shaded text and blue print text indi-cate changes to the 2004 ADA Accessibility Guidelines (ADAAG). Requirements based on Florida law are indicated by gray background shading. Requirements based on the U.S. Depart-ment of Justice regulations 28 CFR, Part 35 and 28 CFR, Part 36 and the U.S. Department of Transportation regulation 49 CFR, Part 37 are indicated in blue print.
Federal ADA Rules US Department of Justice
2010 ADA Standards for Accessible Design http://www.ada.gov/2010ADAstandards_ index.htm
US Department of Transportation
ADA Standards for Transportation Facilities http://www.access-board.gov/ada-aba/ada-stan-dards-dot.cfm
Chapter 1: Application and Administration . . . .1
101 Purpose . . . .1
102 Dimensions for Adults and Children . . . .1
103 Equivalent Facilitation . . . .2
104 Conventions . . . .2
105 Referenced Standards . . . .4
106 Definitions . . . .7
Chapter 2: Scoping Requirements . . . .15
201 Application . . . .15
202 Existing Buildings and Facilities . . . .16
203 General Exceptions . . . .20
204 Protruding Objects . . . .21
205 Operable Parts . . . .22
206 Accessible Routes . . . .22
207 Accessible Means of Egress. . . .29
208 Parking Spaces . . . .29
209 Passenger Loading Zones and Bus Stops . . . 32
210 Stairways . . . .33
211 Drinking Fountains . . . .33
212 Kitchens, Kitchenettes, and Sinks . . . .33
213 Toilet Facilities and Bathing Facilities . . . .33
214 Washing Machines and Clothes Dryers . . . .35
215 Fire Alarm Systems. . . .35
216 Signs . . . .35
217 Telephones . . . .37
218 Transportation Facilities . . . .39
219 Assistive Listening Systems . . . .39
220 Automatic Teller Machines and Fare Machines . . . 40
221 Assembly Areas . . . .40
222 Dressing, Fitting, and Locker Rooms . . . .43
223 Medical Care and Long-Term Care Facilities . . . 43
224 Transient Lodging Guest Rooms . . . .44
225 Storage . . . .47
226 Dining Surfaces and Work Surfaces . . . .48
228 Depositories, Vending Machines, Change Machines,
Mail Boxes, and Fuel Dispensers . . . .49
229 Windows . . . .49
230 Two-Way Communication Systems . . . .49
231 Judicial Facilities . . . .50
232 Detention Facilities and Correctional Facilities . . . 50
233 Residential Facilities . . . .52
234 Amusement Rides . . . .55
235 Recreational Boating Facilities. . . .57
236 Exercise Machines and Equipment . . . .58
237 Fishing Piers and Platforms . . . .58
238 Golf Facilities . . . .58
239 Miniature Golf Facilities . . . .58
240 Play Areas . . . 59
241 Saunas and Steam Rooms . . . .61
242 Swimming Pools, Wading Pools, and Spas . . . 61
243 Shooting Facilities with Firing Positions . . . .62
Chapter 3: Building Blocks. . . .63
301 General . . . .63
302 Floor or Ground Surfaces . . . .63
303 Changes in Level. . . .64
304 Turning Space . . . .65
305 Clear Floor or Ground Space . . . .66
306 Knee and Toe Clearance. . . .68
307 Protruding Objects . . . .69
308 Reach Ranges . . . .71
309 Operable Parts . . . . 73
Chapter 4: Accessible Routes . . . .75
401 General . . . .75
402 Accessible Routes . . . .75
403 Walking Surfaces . . . .75
404 Doors, Doorways, and Gates . . . .76
405 Ramps. . . .83
406 Curb Ramps . . . .86
407 Elevators . . . .88
408 Limited-Use/Limited-Application Elevators . . . 96
410 Platform Lifts. . . .99
Chapter 5: General Site and Building Elements . . . .101
501 General . . . .101
502 Parking Spaces . . . .101
503 Passenger Loading Zones . . . .104
504 Stairways . . . .105
505 Handrails. . . .106
Chapter 6: Plumbing Elements and Facilities . . . .111
601 General . . . .111
602 Drinking Fountains . . . .111
603 Toilet and Bathing Rooms . . . .112
604 Water Closets and Toilet Compartments . . . 112
605 Urinals. . . .120
606 Lavatories and Sinks . . . .120
607 Bathtubs . . . .121
608 Shower Compartments . . . .123
609 Grab Bars . . . .129
610 Seats . . . .130
611 Washing Machines and Clothes Dryers . . . .132
612 Saunas and Steam Rooms . . . .133
Chapter 7: Communication Elements and Features . . . 135
701 General . . . .135
702 Fire Alarm Systems . . . .135
703 Signs . . . .135
704 Telephones . . . .141
705 Detectable Warnings . . . .143
706 Assistive Listening Systems . . . .144
707 Automatic Teller Machines and Fare Machines . . . 145
708 Two-Way Communication Systems . . . .147
Chapter 8: Special Rooms, Spaces and Elements . . . 149
801 General . . . .149
802 Wheelchair Spaces, Companion Seats, and Designated Aisle Seats . . . 149
803 Dressing, Fitting, and Locker Rooms . . . .152
804 Kitchens and Kitchenettes . . . .153
805 Medical Care and Long-Term Care Facilities . . . 155
806 Transient Lodging Guest Rooms . . . .155
808 Courtrooms. . . .157
809 Residential Dwelling Units . . . .157
810 Transportation Facilities . . . .159
811 Storage . . . .162
Chapter 9: Built-In Elements . . . .163
901 General . . . .163
902 Dining Surfaces and Work Surfaces . . . .163
903 Benches . . . .163
904 Check-Out Aisles and Sales and Service Counters . . . 164
Chapter 10: Recreational Facilities . . . .167
1001 General . . . .167
1002 Amusement Rides . . . .167
1003 Recreational Boating Facilities. . . .170
1004 Exercise Machines and Equipment . . . .174
1005 Fishing Piers and Platforms . . . .174
1006 Golf Facilities . . . .175
1007 Miniature Golf Facilities . . . .176
1008 Play Areas . . . .177
1009 Swimming Pools, Wading Pools, and Spas . . . 181
1010 Shooting Facilities with Firing Positions . . . .189
101 PURPOSE
101.1 General.This code contains scoping and technical requirements for accessibility tosites, facili-ties,buildings, andelementsby individuals with disabilities. The requirements are to be applied during the design, construction,additionsto, andalterationofsites,facilities,buildings, andelements.
101.1.1This code shall take effect March 15, 2012. After July 1, 2011 and prior to March 15, 2012 this code may be used to comply with chapter 2011-222, section 29, Laws of Florida.
101.1.2All new or alteredpublic buildingsandfacilities,private buildingsandfacilities,places of pub-lic accommodation, andcommercial facilitiessubject to this code shall comply with this code. 101.1.3This code establishes standards for accessibility toplaces of public accommodation and
commercial facilitiesby individuals with disabilities. This code shall also apply: to state and local gov-ernmentfacilitiespursuant to Section 553.503, F.S.; toprivate clubspursuant to Section 553.505, F.S.; and to residentialbuildingspursuant to Section 553.504(2), F.S., and the ADA Standards for Ac-cessible Design. It is to be applied during the design construction andalterationof suchbuildingsand
facilitiesas required by this code.
101.1.4This code is not intended to expand or diminish the defenses available to aplace of public ac-commodationor acommercial facilityunder the Americans with Disabilities Act and the ADA Stan-dards for Accessible Design, including, but not limited to, thereadily achievablestandard, and the standards applicable toalterationstoplaces of public accommodationandcommercial facilities. 101.2 Effect on Removal of Barriers in Existing Facilities.
Removal of architectural barriers, pursuant to 28 C.F.R. s. 36.304, frombuildings, structures orfacilities
shall comply with this code’s requirements foralterationsunless compliance would render the removal notreadily achievable. In no instance shall the removal of an architectural barrier create a significant risk to the health or safety of an individual with adisabilityor others.
This code applies toalterationstoexisting facilitiesthat are subject to the barrier removal requirement under Title III of the ADA to the extent required by regulations issued by the Department of Justice in-corporated in 202.6.1 and toalterationsundertaken by Title II entities to provide program access.
102 DIMENSIONS FOR ADULTS AND CHILDREN
The technical requirements are based on adult dimensions and anthropometrics. In addition, this code includes technical requirements based on children’s dimensions and anthropometrics for drinking fountains, water closets, toilet compartments, lavatories and sinks, dining surfaces, and work surfaces.
Advisory 101.1 General.In addition to the 2004 ADAAG requirements, covered entities must comply with the regulations issued by the Department of Justice and the Department of Transportation under the Americans with Disabilities Act.
The Department of Justice regulations 28 CFR, Part 35 and 28 CFR, Part 36, the Depart-ment of Transportation 49 CFR, Part 37 and the requireDepart-ments of Florida law Part II, chapter 553, F.S. have been incorporated in this code.
This code is adopted as part of the Florida Building Code by law, s.553.73(1)(a), Florida Stat-utes. The administrative requirements of the Florida Building Code, Building, Chapter 1 not specifically addressed by this code apply to construction necessary to comply with this code, e.g. permitting, construction documents, plans review and inspections, etc.
103 EQUIVALENT FACILITATION
Nothing in these requirements prevents the use of designs, products, or technologies as alternatives to those prescribed, provided they result in substantially equivalent or greater accessibility and usability. Departure from the explicit technical and scoping requirements of this code for anyelementvoids any otherwise applicable presumption of rebuttable evidence that the elementhas been constructed or altered in accordance with the minimum accessibility requirements of the ADA.
104 CONVENTIONS
104.1 Dimensions.Dimensions that are not stated as “maximum” or “minimum” are absolute. 104.1.1 Construction and Manufacturing Tolerances.All dimensions are subject to conventional in-dustry tolerances except where the requirement is stated as a range with specific minimum and maxi-mum end points.
104.2 Calculation of Percentages.Where the required number ofelementsorfacilitiesto be provided is determined by calculations of ratios or percentages and remainders or fractions result, the next
Advisory 103 Equivalent Facilitation.The responsibility for demonstrating equivalent fa-cilitation in the event of a challenge rests with the covered entity. With the exception of transit
facilities, which are covered by regulations issued by the Department of Transportation, there is no process for certifying that an alternative design provides equivalent facilitation. US Department of Justice “certification” of the Florida Accessibility Code as substantially equivalent to the ADA Standards for Accessible Design means the code meets or exceeds the minimum requirements of Title III of the ADA for accessibility and usability offacilities
covered by Title III. Certification provides private entities, complying with the Florida code a “presumption of rebuttable evidence” of compliance with the ADA Title III regulations. How-ever, the “presumption” applies only if the explicit requirements of the code are met. Equiva-lent Facilitation is authorized for alternate methods of providing accessibility but those alternate methods will not be afforded the “presumption.”
Advisory 104.1.1 Construction and Manufacturing Tolerances.Conventional industry tolerances recognized by this provision include those for field conditions and those that may be a necessary consequence of a particular manufacturing process. Recognized tolerances are not intended to apply to design work.
It is good practice when specifying dimensions to avoid specifying a tolerance where dimen-sions are absolute. For example, if this code requires “1 inches,” avoid specifying “1 inches plus or minus X inches.”
Where the requirement states a specified range, such as in Section 609.4 where grab bars must be installed between 33 inches and 36 inches above the floor, the range provides an adequate tolerance and therefore no tolerance outside of the range at either end point is per-mitted.
Where a requirement is a minimum or a maximum dimension that does not have two specific minimum and maximum end points, tolerances may apply. Where an element is to be in-stalled at the minimum or maximum permitted dimension, such as “15 inches minimum” or “5 pounds maximum,” it would not be good practice to specify “5 pounds (plus X pounds) or 15 inches (minus X inches).” Rather, it would be good practice to specify a dimension less than the required maximum (or more than the required minimum) by the amount of the expected field or manufacturing tolerance and not to state any tolerance in conjunction with the speci-fied dimension.
Specifying dimensions in design in the manner described above will better ensure that facili-ties and elements accomplish the level of accessibility intended by these requirements. It will also more often produce an end result of strict and literal compliance with the stated require-ments and eliminate enforcement difficulties and issues that might otherwise arise. Informa-tion on specific tolerances may be available from industry or trade organizaInforma-tions, code groups and building officials, and published references.
greater whole number of suchelementsorfacilitiesshall be provided. Where the determination of the required size or dimension of anelementorfacilityinvolves ratios or percentages, rounding down for values less than one half shall be permitted.
FIGURE 104
104.3 Figures.Unless specifically stated otherwise, figures are provided for informational purposes only.
105 REFERENCED STANDARDS
105.1 General.The standards listed in 105.2 are incorporated by reference in this code and are part of the requirements to the prescribed extent of each such reference. The Director of the Federal Register has approved these standards for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the referenced standards may be inspected at the Architectural and Transpor-tation Barriers Compliance Board, 1331 F Street, NW, Suite 1000, Washington, DC 20004; at the De-partment of Justice, Civil Rights Division, Disability Rights Section, 1425 New York Avenue, NW, Washington, DC; at the Department of Transportation, 400 Seventh Street, SW, Room 10424, Wash-ington DC; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_reg-ister/code_of_federal_regulations/ibr_locations.html.
105.2 Referenced Standards.The specific edition of the standards listed below are referenced in this code. Where differences occur between this code and the referenced standards, this code applies.
105.2.1 ANSI/BHMA.Copies of the referenced standards may be obtained from the Builders Hardware Manufacturers Association, 355 Lexington Avenue, 17th floor, New York, NY 10017 (http://www.buildershardware.com).
ANSI/BHMA A156.10-1999 American National Standard for Power Operated Pedestrian Doors (see 404.3).
ANSI/BHMA A156.19-1997 American National Standard for Power Assist and Low Energy Power Operated Doors (see 404.3, 408.3.2.1, and 409.3.1).
ANSI/BHMA A156.19-2002 American National Standard for Power Assist and Low Energy Power Operated Doors (see 404.3, 408.3.2.1, and 409.3.1).
105.2.2 ASME.Copies of the referenced standards may be obtained from the American Society of Me-chanical Engineers, Three Park Avenue, New York, New York 10016 (http://www.asme.org).
ASME A17.1-2000 Safety Code for Elevators and Escalators, including ASME A17.1a-2002 Ad-denda and ASME A17.1b-2003 AdAd-denda (see 407.1, 408.1, 409.1, and 810.9).
ASME A18.1-1999 Safety Standard for Platform Lifts and Stairway Chairlifts, including ASME A18.1a-2001 Addenda and ASME A18.1b-2001 Addenda (see 410.1).
ASME A18.1-2003 Safety Standard for Platform Lifts and Stairway Chairlifts, (see 410.1). Advisory 105.2.1 ANSI/BHMA. ANSI/BHMA A156.10-1999 applies to power operated doors for pedestrian use which open automatically when approached by pedestrians. In-cluded are provisions intended to reduce the chance of user injury or entrapment.
ANSI/BHMA A156.19-1997 and A156.19-2002 applies to power assist doors, low energy power operated doors or low energy power open doors for pedestrian use not provided for in ANSI/BHMA A156.10 for Power Operated Pedestrian Doors. Included are provisions in-tended to reduce the chance of user injury or entrapment.
105.2.3 ASTM. Copies of the referenced standards may be obtained from the American Society for Testing and Materials, 100 Bar Harbor Drive, West Conshohocken, Pennsylvania 19428 (http://www.astm.org).
ASTM F 1292-99 Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment (see 1008.2.6.2).
ASTM F 1292-04 Standard Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment (see 1008.2.6.2).
ASTM F 1487-01 Standard Consumer Safety Performance Specification for Playground Equipment for Public Use (see 106.5).
ASTM F 1951-99 Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment (see 1008.2.6.1).
Advisory 105.2.2 ASME.ASME A17.1-2000 is used by local jurisdictions throughout the United States for the design, construction, installation, operation, inspection, testing, main-tenance, alteration, and repair of elevators and escalators. The majority of the requirements apply to the operational machinery not seen or used by elevator passengers. ASME A17.1 requires a two-way means of emergency communications in passenger elevators. This means of communication must connect with emergency or authorized personnel and not an automated answering system. The communication system must be push button activated. The activation button must be permanently identified with the word “HELP.” A visual indica-tion acknowledging the establishment of a communicaindica-tions link to authorized personnel must be provided. The visual indication must remain on until the call is terminated by autho-rized personnel. The building location, the elevator car number, and the need for assistance must be provided to authorized personnel answering the emergency call. The use of a hand-set by the communications system is prohibited. Only the authorized personnel answering the call can terminate the call. Operating instructions for the communications system must be provided in the elevator car.
The provisions for escalators require that at least two flat steps be provided at the entrance and exit of every escalator and that steps on escalators be demarcated by yellow lines 2 inches wide maximum along the back and sides of steps.
ASME A18.1-1999 and ASME A18.1-2003 address the design, construction, installation, operation, inspection, testing, maintenance and repair of lifts that are intended for transpor-tation of persons with disabilities. Lifts are classified as: vertical platform lifts, inclined plat-form lifts, inclined stairway chairlifts, private residence vertical platplat-form lifts, private residence inclined platform lifts, and private residence inclined stairway chairlifts.
This code does not permit the use of inclined stairway chairlifts which do not provide plat-forms because such lifts require the user to transfer to a seat.
ASME A18.1 contains requirements for runways, which are the spaces in which platforms or seats move. The standard includes additional provisions for runway enclosures, electrical equipment and wiring, structural support, headroom clearance (which is 80 inches mini-mum), lower level access ramps and pits. The enclosure walls not used for entry or exit are required to have a grab bar the full length of the wall on platform lifts. Access ramps are re-quired to meet requirements similar to those for ramps in Chapter 4 of this code.
Each of the lift types addressed in ASME A18.1 must meet requirements for capacity, load, speed, travel, operating devices, and control equipment. The maximum permitted height for operable parts is consistent with Section 308 of this code. The standard also addresses at-tendant operation. However, Section 410.1 of this code does not permit atat-tendant operation.
105.2.4 ICC/IBC.Copies of the referenced standard may be obtained from the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041 (www.iccsafe.org).
International Building Code, 2000 Edition (see 207.1, 207.2, 216.4.2, 216.4.3, and 1005.2.1). International Building Code, 2001 Supplement (see 207.1 and 207.2).
International Building Code, 2003 Edition (see 207.1, 207.2, 216.4.2, 216.4.3, and 1005.2.1). Advisory 105.2.3 ASTM.ASTM F 1292-99 and ASTM F 1292-04 establish a uniform means to measure and compare characteristics of surfacing materials to determine whether materi-als provide a safe surface under and around playground equipment. These standards are referenced in the play areas requirements of this code when an accessible surface is re-quired inside a play area use zone where a fall attenuating surface is also rere-quired. The stan-dards cover the minimum impact attenuation requirements, when tested in accordance with Test Method F 355, for surface systems to be used under and around any piece of play-ground equipment from which a person may fall.
ASTM F 1487-01 establishes a nationally recognized safety standard for public playground equipment to address injuries identified by the U.S. Consumer Product Safety Commission. It defines the use zone, which is the ground area beneath and immediately adjacent to a play structure or play equipment designed for unrestricted circulation around the equipment and on whose surface it is predicted that a user would land when falling from or exiting a play structure or equipment. The play areas requirements in this code reference the ASTM F 1487 standard when defining accessible routes that overlap use zones requiring fall attenu-ating surfaces. If the use zone of a playground is not entirely surfaced with an accessible ma-terial, at least one accessible route within the use zone must be provided from the perimeter to all accessible play structures or components within the playground.
ASTM F 1951-99 establishes a uniform means to measure the characteristics of surface sys-tems in order to provide performance specifications to select materials for use as an accessi-ble surface under and around playground equipment. Surface materials that comply with this standard and are located in the use zone must also comply with ASTM F 1292. The test meth-ods in this standard address access for children and adults who may traverse the surfacing to aid children who are playing. When a surface is tested it must have an average work per foot value for straight propulsion and for turning less than the average work per foot values for straight propulsion and for turning, respectively, on a hard, smooth surface with a grade of 7% (1:14).
Advisory 105.2.4 ICC/IBC.International Building Code (IBC)-2000 (including 2001 Supple-ment to the International Codes) and IBC-2003 are referenced for means of egress, areas of refuge, and railings provided on fishing piers and platforms. At least one accessible means of egress is required for every accessible space and at least two accessible means of egress are required where more than one means of egress is required. The technical criteria for ac-cessible means of egress allow the use of exit stairways and evacuation elevators when pro-vided in conjunction with horizontal exits or areas of refuge. While typical elevators are not designed to be used during an emergency evacuation, evacuation elevators are designed with standby power and other features according to the elevator safety standard and can be used for the evacuation of individuals with disabilities. The IBC also provides requirements for areas of refuge, which are fire-rated spaces on levels above or below the exit discharge levels where people unable to use stairs can go to register a call for assistance and wait for evacuation.
The recreation facilities requirements of this code references two sections in the IBC for fish-ing piers and platforms. An exception addresses the height of the railfish-ings, guards, or hand-rails where a fishing pier or platform is required to include a guard, railing, or handrail higher than 34 inches (865 mm) above the ground or deck surface.
105.2.5 NFPA.Copies of the referenced standards may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (http://www.nfpa.org).
NFPA 72 National Fire Alarm Code, 1999 Edition (see 702.1 and 809.5.2). NFPA 72 National Fire Alarm Code, 2002 Edition (see 702.1 and 809.5.2).
106 DEFINITIONS
106.1 General.For the purpose of this code, the terms defined in 106.5 have the indicated meaning.
106.2 Terms Defined in Referenced Standards.Terms not defined in 106.5 or in regulations issued by the Department of Justice and the Department of Transportation to implement the Americans with Disabilities Act, but specifically defined in a referenced standard, shall have the specified meaning from the referenced standard unless otherwise stated.
106.3 Undefined Terms.The meaning of terms not specifically defined in 106.5 or in regulations is-sued by the Department of Justice and the Department of Transportation to implement the Americans with Disabilities Act or in referenced standards shall be as defined by collegiate dictionaries in the sense that the context implies.
106.4 Interchangeability.Words, terms and phrases used in the singular include the plural and those used in the plural include the singular.
106.5 Defined Terms.
Accessible.Asite, building, facility,or portion thereof that complies with this part.
Accessible Means of Egress.A continuous and unobstructed way of egress travel from any point in a
buildingorfacilitythat provides an accessible route to an area of refuge, a horizontal exit, or apublic way.
Addition.An expansion, extension, or increase in the gross floor area or height of abuildingorfacility. Administrative Authority.A governmental agency that adopts or enforces regulations and guidelines for the design, construction, oralterationofbuildingsandfacilities.
Alteration.A change to abuildingorfacilitythat affects or could affect the usability of thebuildingor fa-cilityor portion thereof.Alterationsinclude, but are not limited to, remodeling, renovation, rehabilita-tion, reconstrucrehabilita-tion, historic restorarehabilita-tion, resurfacing ofcirculation pathsorvehicular ways, changes or rearrangement of the structural parts orelements, and changes or rearrangement in the plan configu-ration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, as-bestos removal, or changes to mechanical and electrical systems are notalterationsunless they affect the usability of thebuildingorfacility.
Alterations to an Area Containing a Primary Function(See also, “Primary Function”).
Amusement Attraction.Anyfacility, or portion of afacility, located within an amusement park or theme park which provides amusement without the use of an amusement device.Amusement attractions in-clude, but are not limited to, fun houses, barrels, and other attractions without seats.
Advisory 105.2.5 NFPA.NFPA 72-1999 and NFPA 72-2002 address the application, instal-lation, performance, and maintenance of protective signaling systems and their compo-nents. The NFPA 72 incorporates Underwriters Laboratory (UL) 1971 by reference. The standard specifies the characteristics of audible alarms, such as placement and sound lev-els. However, Section 702 of these requirements limits the volume of an audible alarm to 110 dBA, rather than the maximum 120 dBA permitted by NFPA 72-1999.
NFPA 72 specifies characteristics for visible alarms, such as flash frequency, color, intensity, placement, and synchronization. However, Section 702 of this code requires that visual alarm appliances be permanently installed. UL 1971 specifies intensity dispersion require-ments for visible alarms. In particular, NFPA 72 requires visible alarms to have a light source that is clear or white and has polar dispersion complying with UL 1971.
Advisory 106.1 General.Terms defined in Section 106.5 are italicized in the text of this code.
Amusement Ride.A system that moves persons through a fixed course within a defined area for the purpose of amusement.
Amusement Ride Seat.A seat that is built-in or mechanically fastened to anamusement rideintended to be occupied by one or more passengers.
Area of Sport Activity.That portion of a room orspacewhere the play or practice of a sport occurs. Assembly Area.Abuildingorfacility, or portion thereof, used for the purpose of entertainment, educa-tional or civic gatherings, or similar purposes. For the purposes of these requirements,assembly areas
include, but are not limited to, classrooms, lecture halls, courtrooms, public meeting rooms, public hearing rooms, legislative chambers, motion picture houses, auditoria, theaters, playhouses, dinner theaters, concert halls, centers for the performing arts, amphitheaters, arenas, stadiums, grand-stands, or convention centers.
Assistive Listening System (ALS).An amplification system utilizing transmitters, receivers, and cou-pling devices to bypass the acousticalspacebetween a sound source and a listener by means of in-duction loop, radio frequency, infrared, or direct-wired equipment.
Boarding Pier.A portion of a pier where a boat is temporarily secured for the purpose of embarking or disembarking.
Boat Launch Ramp.A sloped surface designed for launching and retrieving trailered boats and other water craft to and from a body of water.
Boat Slip.That portion of a pier, main pier, finger pier, or float where a boat is moored for the purpose of berthing, embarking, or disembarking.
Building.Any structure used or intended for supporting or sheltering any use or occupancy. Catch Pool.A pool or designated section of a pool used as a terminus for water slide flumes. Characters.Letters, numbers, punctuation marks and typographic symbols.
Children’s Use.Describesspacesandelementsspecifically designed for use primarily by people 12 years old and younger.
Circulation Path.An exterior or interior way of passage provided for pedestrian travel, including but not limited to, walks, hallways, courtyards, elevators, platform lifts,ramps,stairways, and landings. Closed-Circuit Telephone.A telephone with a dedicated line such as a house phone, courtesy phone or phone that must be used to gain entry to afacility.
Commerce.Travel, trade, traffic,commerce,transportation, or communication: (1) Among the several states;
(2) Between any foreign country or any territory or possession and any state; or (3) Between points in the same state but through another state or foreign country.
Commercial Facilities.Facilities:
(1) Whose operations will affectcommerce;
(2) That are intended for nonresidential use by aprivate entity; and (3) That are not:
(a) Facilitiesthat are not covered or expressly exempted from coverage under the Fair Housing Act of 1968, as amended (42 U.S.C. 3601-3631);
(b) Aircraft; or
(c) Railroad locomotives, railroad freight cars, railroad cabooses, commuter or intercity passenger rail cars (including coaches, dining cars, sleeping cars, lounge cars, and food service cars), and any other railroad cars described in Section 242 of the ADA or covered under Title II of the ADA, or railroad rights-of-way. For purposes of this definition, “rail” and “railroad” have the meaning given the term “railroad” in Section 202(e) of the Federal Railroad Safety Act of 1970 [45 U.S.C. 431(e)].
Common Use.Interior or exteriorcirculation paths, rooms,spaces,orelementsthat are not forpublic useand are made available for the shared use of two or more people.
Cross Slope.The slope that is perpendicular to the direction of travel (seerunning slope). Curb Ramp.A shortrampcutting through a curb or built up to it.
Designated Public Transportation. Transportation provided by a public entity (other than public school transportation) by bus, rail, or other conveyance (other than transportation by aircraft or inter-city or commuter rail transportation) that provides the general public with general or special service, in-cluding charter service, on a regular and continuing basis.
Detectable Warning.A standardized surface feature built in or applied to walking surfaces or other el-ementsto warn of hazards on acirculation path.
Disability.With respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.
(1) The phrase physical or mental impairment means:
(a) Any physiological disorder or condition, cosmetic disfigurement, or an anatomical loss affecting one or more of the following body systems; neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine;
(b) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emo-tional or mental illness, and specific learning disabilities;
(c) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impair-ments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism; (d) The phrase physical or mental impairment does not include homosexuality or bisexuality. (2) The phrase major life activities means functions such as caring for one’s self, performing manual
tasks, walking, seeing, hearing, speaking, breathing, learning and working.
(3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. (4) The phrase is regarded as having an impairment means:
(a) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by aprivate entityas constituting such a limitation;
(b) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or
(c) Has none of the impairments defined in paragraph (1) of this definition but is treated by aprivate entityas having such an impairment.
(5) The term “disability” does not include:
(a) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(b) Compulsive gambling, kleptomania or pyromania; or
(c) Psychoactive substance use disorders resulting from current illegal use of drugs. Element.An architectural or mechanical component of abuilding, facility, space,orsite.
Elevated Play Component.A play component that is approached above or below grade and that is part of a composite play structure consisting of two or more play components attached or functionally linked to create an integrated unit providing more than one play activity.
Employee Work Area.All or any portion of aspaceused only by employees and used only for work. Corridors, toilet rooms, kitchenettes and break rooms are notemployee work areas.
Entrance.Any access point to abuildingor portion of abuildingorfacilityused for the purpose of enter-ing. Anentranceincludes the approach walk, the vertical access leading to theentranceplatform, the
entranceplatform itself, vestibule if provided, the entry door or gate, and the hardware of the entry door or gate.
Existing Facility.Afacilityin existence on any given date, without regard to whether thefacilitymay also be considered newly constructed or altered under this code.
Facility.All or any portion ofbuildings, structures,siteimprovements,elements, and pedestrian routes orvehicular wayslocated on asite.
Gangway.A variable-sloped pedestrian walkway that links a fixed structure or land with a floating structure.Gangwaysthat connect to vessels are not addressed by this code.
Golf Car Passage.A continuous passage on which a motorized golf car can operate.
Ground Level Play Component.A play component that is approached and exited at the ground level.
Housing at a Place of Education.Housing operated by or on behalf of an elementary, secondary, un-dergraduate, or postgraduate school, or other place of education, including dormitories, suites, apart-ments, or other places of residence.
Key Station.Rapid and light rail stations, and commuter rail stations, as defined under criteria estab-lished by the Department of Transportation in 49 CFR 37.47 and 49 CFR 37.51, respectively. Mail Boxes.Receptacles for the receipt of documents, packages, or other deliverable matter.Mail boxesinclude, but are not limited to, post office boxes and receptacles provided by commercial mail-re-ceiving agencies, apartmentfacilities, or schools.
Marked Crossing.A crosswalk or other identified path intended for pedestrian use in crossing a vehic-ular way.
Maximum Extent Feasible.The phrase “to themaximum extent feasible,” as used in this code, applies to the case where the nature of anexisting facilitymakes it virtually impossible to comply fully with ap-plicable accessibility standards through a plannedalteration. In these circumstances, the alteration
shall provide the maximum physical accessibility feasible. Any altered features of thefacilitythat can be madeaccessibleshall be madeaccessible. If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who usewheelchairs) would not be feasible, the facil-ityshall be madeaccessibleto persons with other types of disabilities (e.g., those who use crutches, those who have impaired vision or hearing, or those who have other impairments).
Mezzanine.An intermediate level or levels between the floor and ceiling of anystorywith an aggregate floor area of not more than one-third of the area of the room orspacein which the level or levels are lo-cated.Mezzanineshave sufficient elevation thatspacefor human occupancy can be provided on the floor below.
Occupant Load.The number of persons for which the means of egress of abuildingor portion of a
buildingis designed.
Operable Part.A component of anelementused to insert or withdraw objects, or to activate, deacti-vate, or adjust theelement.
Path of Travel.
(1) Apath of travelincludes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), anentranceto thefacility, and other parts of thefacility.
(2) Anaccessible path of travelmay consist ofwalksand sidewalks,curb rampsand other interior or ex-terior pedestrianramps; clear floor paths through lobbies, corridors, rooms, and other improved ar-eas; parking access aisles; elevators and lifts; or a combination of theseelements.
In transportationfacilitiescovered by 49 CFR 37, anaccessible path of travelmay includewalksand sidewalks,curb rampsand other interior or exterior pedestrianramps, clear floor paths through cor-ridors, waiting areas, concourses, and other improved areas, parking access aisles, elevators and lifts, bridges, tunnels, or other passageways between platforms, or a combination of these and otherelements.
(3) For the purposes of this code, the term“path of travel”also includes the restrooms, telephones, and drinking fountains serving the altered area.
Places of Lodging.See“Place of Public Accommodation.”
Place of Public Accommodation.Afacility,operated by aprivate entity, whose operations affect com-merceand fall within at least one of the following categories:
(1) Places of lodging. Except for an establishment located within afacilitythat contains not more than five rooms for rent or hire and that actually is occupied by the proprietor of the establishment as the residence of the proprietor. For purposes of this part, afacilityis a“place of lodging”if it is—
(i) An inn, hotel, or motel; or (ii) Afacilitythat—
(A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (gener-ally 30 days or less) where the occupant does not have the right to return to a specific room or unit after the conclusion of his or her stay; and
(B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the following—
(1) On- or off-site management and reservations service; (2) Rooms available on a walk-up or call-in basis;
(3) Availability of housekeeping or linen service; and
(4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until check-in, and without a prior lease or security deposit.
Resort condominiumsare considered to be public lodging establishments pursuant to Section 509.242, F.S.;
(2) Establishments serving food and drink. A restaurant, bar, or other establishment serving food or drink;
(3) Places of exhibition or entertainment. A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
(4) Places of public gathering. An auditorium, convention center, lecture hall, or other place of public gathering;
(5) Sales or rental establishments. A bakery, grocery store, clothing store, hardware store,shopping center, or other sales or rental establishment;
(6) Service establishments. A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel ser-vice, shoe repair serser-vice, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office,professional office of a health care provider, hospital, or other service establish-ment;
(7) Stations used forspecified public transportation. A terminal, depot, or other station used for
specified public transportation;
(8) Places of public display or collection. A museum, library, gallery, or other place of public display or collection;
(9) Places of recreation. A park, zoo, amusement park, or other place of recreation;
(10) Places of education. A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;
(11) Social service center establishments. A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment;
(12) Places of exercise or recreation. A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation;
Primary Function.A major activity for which thefacilityis intended. Areas that contain aprimary func-tioninclude, but are not limited to, the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of thepublic entity, public accommodationor otherprivate entityusing thefacilityare carried out.
Me-chanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets,entrances, and corridors are not areas containing aprimary function. Restrooms are not areas containing aprimary functionunless the provision of restrooms is a primary purpose of the area, e.g., in highway rest stops. Areas of transportationfacilitiesthat involveprimary functionsinclude, but are not necessarily limited to, ticket purchase and collection areas, passenger waiting areas, train or bus platforms, baggage checking and return areas and employment areas (except those involving non-occupiablespacesaccessed only by ladders, catwalks, crawlspaces, very narrow passageways, or freight (non-passenger) elevators which are frequented only by repair personnel).
Play Area.A portion of asitecontaining play components designed and constructed for children. Play Component.Anelementintended to generate specific opportunities for play, socialization, or learning. Play components are manufactured or natural; and are stand-alone or part of a composite play structure.
Private Building or Facility.A place ofpublic accommodationor a commercialbuildingorfacility sub-ject to title III of the ADA and 28 CFR part 36 or a transportationbuildingorfacilitysubject to title III of the ADA and 49 CFR 37.45.
Private Club.Aprivate clubor establishment exempted from coverage under title II of the Civil Rights Act of 1964 (42 U.S.C. 2000a(e)).
Private Entity.A person or entity other than apublic entity.
Proffessional Office of a Health Care Provider.A location where a person or entity, regulated by a State to provide professional services related to the physical or mental health of an individual, makes such services available to the public. Thefacilityhousing the“professional office of a health care pro-vider”only includes floor levels housing at least one health care provider, or any floor level designed or intended for use by at least one health care provider.
Public accommodation.Aprivate entitythat owns, leases (or leases to), or operates aplace of public accommodation.
Public Building or Facility.A building or facilityor portion of a building or facility designed, con-structed, or altered by, on behalf of, or for the use of apublic entitysubject to title II of the ADA and 28 CFR part 35 or to title II of the ADA and 49 CFR 37.41 or 37.43.
Public entity.
(1) Any State or local government;
(2) Any department, agency, special purpose district, or other instrumentality of a State or States or lo-cal government; and
(3) The National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act). (45 U.S.C. 541)
Public Entrance.Anentrancethat is not aservice entranceor arestricted entrance.
Public Use.Interior or exterior rooms,spaces, orelementsthat are made available to the public.Public usemay be provided at abuildingorfacilitythat is privately or publicly owned.
Public Way.Any street, alley or other parcel of land open to the outside air leading to a public street, which has been deeded, dedicated or otherwise permanently appropriated to the public forpublic use
and which has a clear width and height of not less than 10 feet (3050 mm).
Qualified Historic Building or Facility.Abuildingorfacilitythat is listed in or eligible for listing in the National Register of Historic Places, or designated as historic under an appropriate State or local law. Ramp.A walking surface that has arunning slopesteeper than 1:20.
Readily Achievable.Easily accomplishable and able to be carried out without much difficulty or ex-pense.
Residential Dwelling Unit.A unit intended to be used as a residence, that is primarily long-term in na-ture. Residential dwelling units do not include transient lodging, inpatient medical care, licensed long-term care, and detention or correctionalfacilities.
Resort Condominium.(Section 509.242, F.S.). Aresort condominiumis any unit or group of units in a condominium, cooperative, or time-share plan which is rented more than three times a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 30 days or one calendar month, whichever is less (see also,Places of Lodging).
Restricted Entrance.Anentrancethat is made available forcommon useon a controlled basis but not
public useand that is not aservice entrance.
Running Slope.The slope that is parallel to the direction of travel (seecross slope).
Self-Service Storage.Buildingorfacilitydesigned and used for the purpose of renting or leasing indi-vidual storagespacesto customers for the purpose of storing and removing personal property on a self-service basis.
Service Entrance.Anentranceintended primarily for delivery of goods or services.
Shopping Center or Shopping Mall.
(1) Abuildinghousing five or more sales or rental establishments; or
(2) A series ofbuildingson a commonsite, either under common ownership or common control or de-veloped either as one project or as a series of related projects, housing five or more sales or rental establishments. For purposes of this section,places of public accommodationof the types listed in Paragraph (5) of the definition of“Place of public accommodation”in this code are considered sales or rental establishments. Thefacilityhousing a“shopping center or shopping mall”only includes floor levels housing at least one sales or rental establishment, or any floor level designed or in-tended for use by at least one sales or rental establishment.
Site.A parcel of land bounded by a property line or a designated portion of a public right-of-way. Soft Contained Play Structure.A play structure made up of one or more play components where the user enters a fully enclosed play environment that utilizes pliable materials, such as plastic, netting, or fabric.
Space.A definable area, such as a room, toilet room, hall,assembly area,entrance,storage room, al-cove, courtyard, or lobby.
Specified public transportation.Transportation by bus, rail, or any other conveyance (other than air-craft) provided by aprivate entityto the general public, with general or special service (including char-ter service) on a regular and continuing basis.
Story.That portion of abuildingorfacilitydesigned for human occupancy included between the upper surface of a floor and upper surface of the floor or roof next above. Astorycontaining one or more mez-zanineshas more than one floor level.
Structural Frame.The columns and the girders, beams, and trusses having direct connections to the columns and all other members that are essential to the stability of thebuildingorfacilityas a whole. Tactile.An object that can be perceived using the sense of touch.
Technically Infeasible.With respect to analterationof abuildingor afacility, something that has little likelihood of being accomplished because existing structural conditions would require removing or al-tering a load-bearing member that is an essential part of thestructural frame; or because other existing physical orsiteconstraints prohibit modification oradditionofelements,spaces, or features that are in full and strict compliance with the minimum requirements.
Teeing Ground.In golf, the starting place for the hole to be played.
Theme Park Or Entertainment Complex.(Section 509.0013(9), F.S.).Theme park or entertainment complexmeans a complex comprised of at least 25 contiguous acres owned and controlled by the same business entity and which contains permanent exhibitions and a variety of recreational activities and has a minimum of 1 million visitors annually.
Transfer Device.Equipment designed to facilitate the transfer of a person from awheelchairor other mobility aid to and from anamusement ride seat.
Transient Lodging.Abuildingorfacilitycontaining one or more guest room(s) for sleeping that pro-vides accommodations that are primarily short-term in nature.Transient lodgingdoes not include resi-dential dwelling units intended to be used as a residence, inpatient medical carefacilities, licensed long-term carefacilities, detention or correctionalfacilities, orprivate buildings or facilitiesthat contain not more than five rooms for rent or hire and that are actually occupied by the proprietor as the resi-dence of such proprietor.
Transition Plate.A sloping pedestrian walking surface located at the end(s) of agangway.
TTY.An abbreviation for teletypewriter. Machinery that employs interactive text-based communication through the transmission of coded signals across the telephone network.TTYsmay include, for exam-ple, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems.TTYsare also called text telephones.
Use Zone.The ground level area beneath and immediately adjacent to a play structure or play equip-ment that is designated by ASTM F 1487 (incorporated by reference, see “Referenced Standards” in Chapter 1) for unrestricted circulation around the play equipment and where it is predicted that a user would land when falling from or exiting the play equipment.
Vehicular Way.A route provided for vehicular traffic, such as in a street, driveway, or parkingfacility. Walk.An exterior prepared surface for pedestrian use, including pedestrian areas such as plazas and courts.
Wheelchair.A manually-operated or power-driven device designed primarily for use by an individual with a mobilitydisabilityfor the main purpose of indoor or of both indoor and outdoor locomotion. This definition does not apply to Federal wilderness areas;wheelchairsin such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 12207(c)(2).
Wheelchair Space.Spacefor a singlewheelchairand its occupant.
Work Area Equipment.Any machine, instrument, engine, motor, pump, conveyor, or other apparatus used to perform work. As used in this code, this term shall apply only to equipment that is permanently installed or built-in inemployee work areas.Work area equipmentdoes not include passenger eleva-tors and otheraccessiblemeans of vertical transportation.
201 APPLICATION
201.1 Scope.This code establishes standards for accessibility toplaces of public accommodationand
commercial facilitiesby individuals with disabilities. This code shall also apply: to state and local gov-ernmentfacilitiespursuant to Section 553.503, F.S.; toprivate clubspursuant to Section 553.505, F.S.; and to residentialbuildingspursuant to Section 553.504(2), F.S., and the ADA Standards for Accessi-ble Design. All new or alteredpublic buildings and facilities,private buildings and facilities,places of public accommodationandcommercial facilitiessubject to this code shall comply with this code. This code applies to: All areas of newly designed and newly constructedbuildingsandfacilitiesas de-termined by the ADA Standards for Accessible Design; portions of alteredbuildingsandfacilitiesas de-termined by the ADA Standards for Accessible Design; abuildingorfacilitythat is being converted from residential to nonresidential or mixed use as defined by the Florida Building Code where suchbuilding
orfacilitymust, at a minimum, comply with s. 553.508, F.S., and the requirements foralterationsas de-termined by the ADA Standards for Accessible Design;buildingsandfacilitieswhere the original con-struction or any formeralterationor renovation was carried out in violation of applicable permitting law.
201.1.1 Vertical accessibility. Sections 553.501-553.513, F.S., and the ADA Standards for Accessi-ble Design do not relieve the owner of anybuilding, structure orfacilitygoverned by those sections from the duty to provide vertical accessibility to all levels above and below the occupiable grade level regard-less of whether the Standards require an elevator to be installed in suchbuilding, structure orfacility, ex-cept for:
(1) Elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks and auto-mobile lubrication and maintenance pits and platforms.
(2) Unoccupiablespaces, such as rooms, enclosedspacesand storagespacesthat are not de-signed for human occupancy, forpublic accommodationsor for work areas.
(3) Occupiablespacesand rooms that are not open to the public and that house no more than five persons, including, but not limited to equipment control rooms and projection booths.
(4) Theaters, concert halls, and stadiums, or other largeassembly areasthat have stadium-style seating or tiered seating if sections 221 and 802 are met.
(5) All play and recreation areas if the requirements of chapter 10 are met. (6) All employee areas as exempted by 203.9.
(7) Facilities, sitesandspacesexempted by section 203.
Buildings, structures andfacilitiesmust, at a minimum, comply with the requirements of the ADA Stan-dards for Accessible Design.
201.2 Application Based on Building or Facility Use.Where asite, building,facility, room, orspace
contains more than one use, each portion shall comply with the applicable requirements for that use.
201.2.1 Commercial facilities and places of public accommodation located in private resi-dences.
Advisory 201.1 Scope.These requirements are to be applied to all areas of a facility unless exempted, or where scoping limits the number of multiple elements required to be accessi-ble. For example, not all medical care patient rooms are required to be accessible; those that are not required to be accessible are not required to comply with these requirements. How-ever, common use and public use spaces such as recovery rooms, examination rooms, and cafeterias are not exempt from these requirements and must be accessible.
Florida vertical accessibility requires all levels in all newbuildings, structures andfacilities
and all altered areas of existingbuildings, structures and facilities to be accessible to per-sons with disabilities. All new and altered areas must comply with the ADA Standards for Ac-cessible Design including requirements for acAc-cessible routes. Where the ADA Standards do not require an accessible route to each and every level, the Florida requirement may be waived down to the requirement of the ADA Standards.
